AFFIDAVIT OF LICENSED ATTORNEY
PRACTICING LAW IN
HAYS COUNTY, TEXAS
THE STATE OF TEXAS
COUNTY OF HAYS
I, ______,
(Print name of attorney completing Affidavit)
State Bar of Texas Number ______, do hereby file this affidavit in compliance with the Hays County Amended Plan and Standing Rules and Orders for Procedures for Timely and Fair Appointment of Counsel for Indigent Accused Persons in Hays County, Texas for establishment of a list of eligible licensed attorneys to represent indigent accused persons in Hays County, Texas and do solemnly swear or affirm that the below information is true and correct. Should any change in this information occur, I understand that I must within 30 days of such change file an Amended Affidavit of Licensed Attorney Practicing Law in Hays County District Courts at the Hays County Courthouse in San Marcos, Texas who shall timely notify the local Administrative Judge of the Hays County Courts of such filing.
I have checked below all applicable provisions and have completed the requested information below with full, complete, and true answers.
I.
INCLUSION/EXCLUSION FROM THE APPOINTMENT LIST
( )I am requesting that my name NOT BE INCLUDED on the list of licensed attorneys eligible for court appointment in Hays County, Texas.
( )I understand that my name WILL BE CONSIDERED FOR INCLUSION on the list of licensed attorneys eligible for court appointments in Hays County, Texas, and I state, under oath or affirmation that I am a: (check all that apply)
( )Competent licensed attorney to handle MISDEMEANOR criminal cases.
( )Competent licensed attorney to handle APPEALS of MISDEMEANOR criminal cases.
( )Competent licensed attorney to handle STATE JAIL FELONY criminal cases.
( )Competent licensed attorney to handle THIRD DEGREE FELONY criminal cases.
( )Competent licensed attorney to handle SECOND DEGREE FELONY criminal cases.
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( )Competent licensed attorney to handle FIRST DEGREE FELONY criminal cases.
( )Competent licensed attorney to handle CAPITAL FELONY criminal cases.
( )Competent licensed attorney to handle APPEALS of NON-CAPITAL FELONY cases.
( )Competent licensed attorney to handle APPEALS of CAPITAL FELONY cases.
( )Competent licensed attorney to handle JUVENILE cases.
( )Competent licensed attorney to handle APPEALS of JUVENILE cases.
II.
EDUCATIONAL AND C.L.E. BACKGROUND
I certify that I have the following educational and Continuing Legal Educational background: (Check all that apply)
BASIC EDUCATION:
( )High School Diploma
( )Bachelor’s Degree
( )Law Degree
( )Master’s Degree
( )Doctor of Philosophy Degree
( )Medical Doctor Degree
( )Other Advanced Degree
LICENSED TO PRACTICE LAW:
( )Licensed to Practice Law in Texas by the Texas Supreme Court on:
______, ______
Month Year
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( )I am currently a licensed attorney in good standing with the State of Texas and the Texas Supreme Court.
( )I am also a licensed attorney in good standing to practice law in the State of ______.
( )I have been admitted to practice law in the U.S. Federal District Courts for the Western District of Texas.
( )I have been admitted to practice law in the U.S. Federal District Courts for the ______District of the State of ______.
( )I have been admitted to practice law before the U.S. Fifth Circuit Court of Appeals.
( )I have been admitted to practice law before the U.S. ______Circuit Court of Appeals.
( )I have been admitted to practice law before the United States Supreme Court.
( )I have been certified as a specialist by the Board of Legal Specialization of the State Bar of Texas in the following areas of law: ______
______
CONTINUING LEGAL EDUCATION:
( )I have attended the required number of hours for continuing legal education during the last reporting period as reported to the State Bar of Texas.
( )I have attended the Advanced Criminal Law Seminar sponsored by the State Bar of Texas for the following years:
______
______
( )I have attended C.L.E. programs dealing with criminal law issues during the following years:
______
( )I have attended C.L.E. programs dealing with juvenile law issues during the following years:
______
( )I have attended C.L.E. programs dealing only with non-criminal law areas and certify that I have not attended a C.L.E. program dealing with criminal law.
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( )I have attended C.L.E. programs dealing with the use of and challenges to mental health or forensic expert witnessed. The most recent course attended was on the following date: ______.
( )I have attended C.L.E. programs or training relating to criminal defense in death penalty cases. The most recent course attended was on the following date:
______.
( )I have attended C.L.E. programs relating to investigation and presenting mitigating evidence at the penalty phase of death penalty trials. The most recent course attended was on the following date: ______.
( )I have attended C.L.E. programs relating to appeals of criminal cases. The most recent course attended was on the following date: ______.
( )I have attended C.L.E. programs relating to appeals of juvenile cases. The most recent course attended was on the following date: ______.
( )I am currently planning to attend the following C.L.E. courses in the next year:
______
______
______
______
OTHER EDUCATION, BACKGROUND, RESEARCH OR TRAINING IN CRIMINAL/JUVENILE LAW AREA: (Please briefly describe)
______
______
______
(Attach a separate sheet if necessary for additional information)
III.
CRIMINAL AND JUVENILE TRIAL/APPEALS EXPERIENCE
I hereby certify, under oath, that the following is my experience in handling criminal/juvenile cases: (check all that apply)
( )I have been lead counsel in three (3) or more misdemeanor cases.
( )I have been lead counsel in one or more misdemeanor appeals.
( )I have been lead counsel in three or more juvenile delinquent conduct cases in which indeterminate commitment to TYC is possible.
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( )I have been lead counsel in three or more juvenile delinquent conduct cases where TYC was not possible.
( )I have been lead counsel in three or more juvenile delinquent conduct cases in which determinate sentence proceedings have been initiated by obtaining grand jury approval or a petition alleging a covered offense.
( )I have been lead counsel in three or more juvenile delinquent conduct cases in which proceedings for discretionary transfer to criminal court have been initiated by the filing of a certification petition or motion.
( )I have been lead counsel in one or more juvenile appeals.
( )I have been lead counsel in three (3) or more non-capital felony cases.
( )I have been co-counsel or set second chair in three (3) or more non-capital felony cases.
( )I have been lead counsel in one or more non-capital felony appeals.
( )I have been lead counsel in one or more capital felony cases - death penalty waived.
( )I have been lead counsel in one or more capital felony cases - death penalty sought.
( )I have been co-counsel or sat second chair in one or more capital felony cases - death penalty waived.
( )I have been co-counsel or sat second chair in one or more capital felony cases - death penalty sought.
( )I have been lead counsel in one or more capital felony appeals -life sentence assessed.
( )I have been lead counsel in one or more capital felony appeals- death penalty assessed.
( )I have served as lead counsel in one or more capital felony 11.071 writ appeals.
( )I have tried approximately ______misdemeanor cases to JURY verdict.
( )I have tried approximately ______juvenile cases to JURY verdict.
( )I have tried approximately ______non-capital felony cased to JURY verdict.
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( )I have tried approximately ______capital (death sought) felony cases to JURY verdict.
( )I have filed approximately ______appellate briefs in misdemeanor cases.
( )I have filed approximately ______appellate briefs in juvenile cases.
( )I have filed approximately ______appellate briefs in non-capital felony cases.
( )I have filed approximately ______appellate briefs in capital death penalty cases.
( )I have filed approximately ______11.071 death penalty writ applications.
( )APPROXIMATELY ______% OF MY LAW PRACTICE IS DEVOTED TO CRIMINAL LAW.
( )APPROXIMATELY ______% OF MY LAW PRACTICE IS DEVOTED TO JUVENILE LAW.
IV.
LANGUAGE AND COMMUNICATION SKILLS
I certify, under oath, that I am capable of communicating in the following languages:
( )English
( )Spanish
( )Deaf - Sign Language
( )Other: (Specify) ______
V.
ETHICS AND PRIOR SANCTION HISTORY DISCLOSURE
I certify, under oath, that I: (check only those that are true and correct)
( )Have not been sanctioned by the State Bar of Texas for any ethical violation.
For purposes of this inquiry, “Sanctioned” is defined as disbarment, probation, public reprimand, suspended, fined, or such other State Bar of Texas sanction that is of public record.
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( )Have not been found by a trial judge and/or appellate court to have provided ineffective assistance of counsel.
( )Will comply with the State Bar Rules for Professional conduct.
( )Will comply with the Texas Lawyer’s Creed - A mandate for Professionalism.
( )Will obtain copies and keep myself informed of the local rules of procedure for Hays County, Texas.
VI.
CERTIFICATION OF KNOWLEDGE OF AMENDED PLAN AND STANDING
RULES FOR PROCEDURES FOR TIMELY AND FAIR APPOINTMENT
OF COUNSEL FOR INDIGENT ACCUSED PERSONS IN
HAYS COUNTY, TEXAS
I certify, under oath, that I have received, read, and understand the Hays County Amended Plan and Standing Rules and Orders for Procedures for Timely and Fair Appointment of Counsel for Indigent Accused Persons in Hays County, Texas effective November 1, 2013 and will comply with said plan, rules, and orders.
I acknowledge that I shall attempt to contact any accused person I am appointed to represent by the end of the first working day following notification of my appointment.
I acknowledge that I shall interview said accused person as soon as practicable.
I certify, under oath, that I will zealously represent my client but always within the bounds of the law and legal ethics of Texas.
I understand that I must timely submit my bill for:
- Indigent legal representation within 30 days of the date a case is disposed of by a plea or bench trial; or
- Indigent legal representation within 30 days of the date of judgment in a jury trial; or
- Indigent appeal representation within 30 days of the date a mandate is returned on appeal.
I understand that I have a continuing duty to file an Amended Affidavit within 30 days of the date any of the above information changes.
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I hereby, have been sworn upon oath, depose, state, and certify that the above information is true and correct.
Witness my signature on this the _____ day of ______, 20___.
______
AFFIANT
Print Name and Address:
______
______
______
Telephone #______
Telecopier #______
Subscribed and Sworn to before me this the ______day of ______,
20___.
______
NOTARY PUBLIC/PERSON AUTHORIZED TO ADMINISTER OATHS
Print Name: ______
Capacity: ______
Seal
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